HomeMy WebLinkAbout1979-01-22 125 AG ORDERIntroduced by Councilor Ueda ian AJanuary 22,
1979
CITY OF BANGOR
(TRL) @nigra_. Authorizin&_the City Manager to Pater. into Agreement
with MDOT - Illinois Avenue Reconstruction
By tw Cit CoumB of tae Cit OfBangar:
ORDERED,
TEAT WHF,REAS, the State of Maine Department of Transportation
is planning the reconstruction of portions of Maine Avenue and
Illinois Avenue, identified as Federal Aid Project No. M -MG -1560(1),
and
WHEREAS, both.the City and the State have certain respon-
sibilities with regard to said reconstruction,
NOW, THEREFORE, be it
ORDERED, that the City Manager be and hereby is authorized
to act for and on behalf of the Municipal Officers by the signing
of the City Agreement, a copy of which is attached hereto, and
the City Manager is further authorized to carry out the various
responsibilities of the City as contained in Paragraph II of said
Agreement.
IN cm COUNCIL JANUARY 22,19'19
pA59ED 125 AG
ORDER
rine,
1 / AUTHORIZING THS CTTY MUGU TO
CTTY UPN
................. .................
SNTER INTO AOR� NIV MOT MLINOIS AW
...................................
R STRUGTION ,
ed and Hied by
,koiscilmen
roopm
�asact
Bangor M-XG-1560(1)
Page 1 of 5 Pegea
December 20, 1978
CITY A G R I E M EXT
TRIS ACTAPyEXT: made this day of : ISL____by and between the
State of Maine acting by arW through its Department of Transportation: hereinafter referred
to as the State and the City Of Burger, Penobscot County, a body corporate: by and through
its City Manager hereinafter referred to as the City.
Witnesseth, that
wBSEEAS, the State is planning the reconstruction of portion of Maine end Illinois Avenues;
MUCREAS, the City agrees sash work is necessary:
NOW THERE IRE: the Parties agree as follows: _
I. The State Agrees to do the following:
A. To Owned a contract under Federal Aid Project Xo. Md G-1560(1) hereinafter
referred to as the Project: she perform work substantially is ecoordance with
the plane Preparedbythe State end generally described as follows:
The Project begins on Maine Avenue approximately 78 feet southerly of the
Buehonan Street Intersection (Station 20+00) and endesia northeasterly along
new location to Illinois Avenue to a point approximately 250 feet
southwest-erly of the Reyes Street Intersection (Station.. J9+0o).
The improvement eonsle5sof a 40 foot core to curb roadway.
B. To construct a drainage oyster adequate to handle all normal surface and seb-
eurfece water Yon the entire PPejedt, and to connect portions of this drainage
aystem into the existing systems, eliminating any drainage structures deemed
unnecessary be part of the Project.
C. To acquire and pay for all lead, rights in land: end buildings necessary to
construct and mountain the Project, except those donated by the City to the
State.
D. To provide pavement markers end traffic control sigmaas necessary on a first-
time beers.
Bm r t 11G-1550(1)
Page 2 of 5 Pages
December 209 1978
II. AAD the City agrees to do and perform the following:
A. To approve the layout ard construction of Federal Aid Project No. M8 0-1560(1)
described in Item I above under "the State agrees".
B. To donate to the State all lid or .rights in land owned by the City whim are
required for the Project.
C. To pay to the State the "Consuuity Share" of the coat of the Project in -.
accordance with the terms set forth in the Ittached ^N®orendum of Under-
standing" dated Aprll 10, 1998.
D. To the tends set forth in theattachedSpecial Provision, :Construction Area"..
E. - To authorize the State to alter or olimirate any arainWe or drainage -
.structures deemed unnecessary ae part of the Project.
F. To pay or assone my and all .costa (if required) for the treatment and
ultimate disposal of any discharge from storm drainage system constructed
as part of the Project. ,
G. To assume all future maintenance and powar costa for street lighting providing
mina^^^ average intensity of approximately 0.2 foot candles.
S. To pass such city ordinances as may be required to control pabiing within the
limits of the Project as follows:
1. To lint parking to "parallel parking".
2. To prohibit parking within 20 feet of any crosswalk.
3. To prohibit parking within 25 feet of the terminus of the comer radius
along the curb line at street intersections.
4. To preMbit parking within 10 feet of my entrance.
5. To prohibit parking within 15 feet of any hydrant. -
1. To pass. such City Ordinancesasnay be required to control all entrances to
the highway constructed as part of this project or as may be constructed in
the future in accordance with Title 23, M.R.S.A., Section 704 or as may be
Barger 6 MO -1550(1)
Page i of 5 Pages
December. 20, 1976
S. TO eliminate and prohibit disposal of any open sewage within the limits 0f
the Project.
R. To make such changes within the city fire alarm system, city eewe .,'city
water and city street lighting, including service connectionaq manhole
adjustments and other city Owned and maintained -utility fixtures (if erupting).
without expense to the Stats as may be required an a result of the Project.
Any changes made during the construction of the Project will be coordinated
with the contractor'soperstlons.
L. To assume oil cleims for demages to private underground utility -type instal-
lations where the locations may net be sbown on the plane for thin Project,
also to be responsible for the.removal, replaccasnt alteration, or relocation
of any existing private' underground utility -type installation (Such as wires,
watery se r, drain pipes) as may be necessarytopermit construction of the
Project within the previously described project limits.
M. To be respWeible for and to notify all utilities that, except in the case of
any energeocy, no service opening. parents for opening my pavement within the
limits of the proposed project will be issued for a period of five (5) yearn
from the date of the Project.
W. To regulate (where the control of utilities ..using the highways is delegated
to the City) the use by all public and private utilities of any portion of
the right of way of the highway, within the Project in accordance with the
rules, regulations', and policies applied by the State in its control of
utility use of the highwas.
0.. TO hold inviolate the right of way for the Project :and Wee that an adver-
tising signs, posters, billboards, roadside stands or other private instal-
lation shall pe prowitted wltiin the said right of may limits and any such
befcaementioned itene now within the limits of the existing right of wav
shall_be removed by or under direction of the City.
Banger m-mo-1550(1)
Paget' of 5 Pages
December 20{ 1918
P. To make the attached "Backfilling Requlranents" a Pat of all Service open g
permits for workwithinthe limits of the Project.
Attaev:. - - -
"Backfilling Requtr®mts" _
"mwora hen of Understanding^.
"Special. Provision -. Constructim Area^
Bangor M -MG -1560(1)
Page 5 of 5 Pages
December p: 1418
Id WITNESS WREEeCP THe PARTIES TO TOOLS AGREk&Q'$iT RAVE ERECUfED IN TRIPLICATE: these
presents on the day evil year fiiat above written, the State of Maine by its Co®issloner
of the Department of Transportation: hereunto duly authorized: and the City by its City
Manager duly authorized by City Order dated
attested true copy being attached heretoand made a pert hereof.
SIGNED: SE= ANO =VESID STATE OF M E
IE THE PRESENCE OF: DEEABTMENT OP TRANSPORTATIOF
_ by. Co®issionsr
Roger L. Mallar
City of Berger
. by: - City Manager
John W. Flynn -
APP%IVEO PS 1b POPtd:
Assisteat Attorney General -
BAWILL:d6 BENINflJaUPTS
Backfill material shall be fine, readily compresAible. soil or granular mWteribl,
at or near optimum moietvre content, ard ¢hall not contain stones larger than
3 inches, frozen limps, chunks of clay, mineral matter or ary athac objectionable
materia. The material ehall be uniformly distributed in layers of not more
than a inches, .loose measese and each layer thoroughly conducted by use of
approved compaction before to ceesive layers are placed. When backfill is being
placed arwnd a pipe or structure, operations shall be so
conducted that the
fill is always at approximately the s elevation on bothsides of the structure.
spall all be added when necessary to a the moisture content of the back-
fill material to ration compaction. Paddling ar Jetting of backfill will not be
allowed.
All sheeting and bracing used during ex ovation shall be rommoved by the utility
tells" the completion of the work, arul all voids resulting from the use of
the sheetingand bracing backfilled where necessary unless otherwise directed by
.the ➢epartment'a Bngin .
MHORANIUM OF UNBERUTANDING
FEDERAL AID PROJECT M-ex:_15fi0ft) TOCATICN Rancor, Illinois Avenue
Whereas the local Community has agreed to provide a portion of the total cost of
the subject project, it is necessary for the Department of Transportation to develop a-
project eoordination and reimbursement procedure. -
The Community must indicate their caneurrence in these commitments as outlined
by signing the original of this letter in the spaces provided and return it to the
Department of Transportation. This document must be received prior to the beginning
M continuation of preliminary engineering activities. -
A. Definitions -
1. Total Estimated Cost
The total estimated cost of a project represents the best estimate
of .the cost ofengineering, right e1 way, construction and other
items considered necessary to satisfactorily complete theproject
at the beginning of the project development process. Total Estimated -
Cost of subject project is SwA nM M_
2. Non -Federal Share
The non-federal where represents the total estimatedcantof a project
less the federal contribution. As a general rule and for purposes of
local refmfi.rsement the non-federal share represents 32% of the total
estimated cost of A project. Non -Federal share of subject project 1s
3. Community Share
The Community share represents the portion of the total estimated cost
-of a project to be contributed by the Community. In most cases this will
be a percentage of the non-federal share based on total estimated project
coat. The Community share of subject project is of the non-federal
share. or 828.480.00
'- B. Reimbursement - -
1, prior to the beginning of preliminary engineering activities the Community
shall submit to the Department of Transpertaticn acne-half of the Community
share for the above stated project, or S14 240.00
2. Prior to project advertising the Commmity, will be advised of the
anticipated date of project advertising and shall sign a letter of
assurance to the Department indicating that Hinds are available to -
support the remainder of the Commmity's share. -
3. The Department will advise the Community of the bids received within 3
days after receipt of said bids. The Community shall upon receipt of this
information indicate in writing, withfa 10 days, their concurrence in the
proposed award and agree to submit the balance of the Community share,
S14 24o CC , within 30 days subsequent to the award of contract -
See Paragraph B;5.a.. below).
2-
4- Upon completion of the project the Department of Transportation will
Provide the Community with a statement indicating the final total cost
of the project and the actual non-federal share, as well as the actual -
Community share. - -
5• The financial commitment of the Community will have been met upon com-
pletion of the action indicated in paragraph B.3• above unless: -
e. The "total estimated cost" of the project at the time of advertising
over�ran the original "total estimated cost" as a result of signi4d-
cant changes in the scope of work, agreed to by the Community, during
the project develepment process. when this is the case the Community
will receive a statement at the time of notification of bids received,
revising the Community share balance shown in paragraph B.3. above.
b. Subsequent to the completion a4 the project, it is determined
that the total final cost a4 the project under -ran the "total
eatimated cost". When this is the case the Community will be
reimbursed its share of the under -rum based on the level
(percentage) of its original financial commitment to the project.
C. Project Darelooment
I. The Department upon completion of the development of preliminary
plana but prior to the initiation of the public hearing process will
werange fOr a meeting with the officials of the Community to review
the project limits, scope of work, etc. based on the beat interaction
available.. _
2. Subsequent to the public hearing but before location and design, approval
is requested from the FHWA/ the Department will again review the project
with the Community. -
3. Additional reviews may be requested by either the Community or the
Department at any point in project development.
4. The Comity and the Department retain the right to teammate the
project at any time prior to the actual acaulsition of right of way.
Projects can not be terminated by the Cemmmmity subsequent to right
of way acquisition without concurrence by the Department of Transportation.
a. projects terminated by the Community
The Community shall be responsible for the entire neem -federal
Whose of the total evyenditures incurred against the project
at the time of termination.
b. projects terminated by the Department
Me Department shall be responsible for the entire non-federal
share of the total expenditures incurred against the project at
the time of termination.
a. Projects terminated by Mutual Agreement
The Comamity and the Department will share Proportionately, as
with total project funding, in the responsibility for the nn
Yedeirel share Of the total expenditures incurred against the
Project at the time Of termination.
This agreement becomes effective upon signature.
Approved by the Maine Department of Transportation on
ROOM L. MAL , Commissioner
Maine Department off Transportation
R1Chard A: Coleman
Prouty Chief EngiDevelopment -
' - Project Development '
The/Municipal Offffiicci-als of the ' of Agee ",) --
County of /�9-.�✓ :w�.✓ ngree to� tion and Reimbursement Pro-
cedure Outlined above for Federal Aid Project Mo. ZI--IVC- - /SC-O
YRama� U
nate)
Banger
SPECIAL PROVISIONS 1560(1).
WNSTROICTION A
A Construction Area, located in the city of Ranger has been .established
by the Maim State Department of Transportation in accordance with the provisions
of Title 29, Section 1703, Maine Revised Statutes Annotated. The area is described
as follows&
(a) no section of highway orderconstruction from Sts. 20&00 to -
Sta. 39+00 of no new construction centerlim, plan approaches.
(b) Federal Aid Vrban Rte. 1560 (Maine Ave., Texas Ave. & Illinois Ave.) from
Sta. 20+00 to Eta. 39+00 of the new construction centerline, plus approaches.
The State DepartmM, of Transportation or the State's Engineer mac issue permits
for stated periods of time for moving construction equipment without leads, low
had trailers with Overloads, over—height, .over—width, or owrlength equipment or
material, Over all State maintained sections described in the "Construction Area"
above, and in addition may issue permits for stated periods of tine for moving
overweight xhielas and loads over the section described in (a) above. The right
to revoke such a permit at any time is reserved by the State Department of Trsns—
portation and the issuance of noun permits shell be subject to aay Special Provisions
or Supplemental Specifications written for this project. -
A Temporary Permit for each move may be issued by the State Department of Trsns
portation, or the State's Engineer, for moving Contractor's construction equipment
wed on the project, which exceeds the legal limits (shawls, bulldozers, etc.)
to endrses of construction material over highways maintained by the State reasonably
within the area of the project.
The Manicipal Officers of the city of Banger have agreed that a permit will be
issued to the Contractor for the purpose of hauling loads in excess of the limits
as specified in Title 29, Maim Revised Statutes Annotated, on the tam ways as
desexilo d in the "Construction Arson, and that single mave prradts x111 be issued
for moving Contractor's construction equipment used On the project which exceeds
the legal limits (shovels, bulldozers, etc.) to sources of construction material
over town wgvs reasonably within the area of the project.
In the event it is necessary to transport gravel, borrow, or other construction
material in legally registered vehicles carrying legal loads over town ways, a
Contractor's Send of not more than Five Thousand Dollars ($3,0D0.00) Far mile of
traveled length may be required by the tam, the exact consent of said bond to be
determined prior to use of any them way.. _
Tho masynnan epeedlimdta for trucks on any town way will be tmnty flve (25) miles
Far hour, ..1.as a higher legal limit is specifically agreed upon, in writing, by
the Municipal Officers concerned.
Hanger
1560(1)
Tot- State Department of Transportation
Augusta, Maine
p 1918,
representative a t� he State Department of ansportation, mot with one ormoreof
the undersigned Municipal Officers of the city of Bangor and explained the
provisions of Title 290 Maine Revised Statutes Annotated, Section 1703, regarding
the rights of the town under those provisions. _
no undersigned Municipal Officers of the city of Bangor do hereby agree
that a permit will be issued to the Contractor for the purpose of hauling loads in
excess of the limits as specified in Title 29, Maine. Revised Statutes Annotated,
on the town ways as described in the "Construction Area", and that single move
permits will be issued for moving Contractor's construction equipment used on the
project which exceeds the legal limits (shovels, hulidosers, etc.) to sources of
construction material over tom ways reasonably within the area of the project.
In the event it is necessary to transport gravel, borrow or other construction
material in legally registered vehicles carrying legal leads over town wars, a -
COM.ractor's Bond of not more than Five Thousand Dollars ($5,000.00) per mile of
traveled length may be required by the towu;the exact amount of said bond to be -
determined prior to the use of any Loam way. -
fha maximum speed limit for truckson any tons way will be twenty—five (25) miles
per hear unless a higher legal limit is specifically agreed upon, in writing, by
the Municipal Officers concerned.
CM OF BANGOR
By the Municipal Officers
witnessi
Date , 1978, Plow
CONSTRUCTION AREA
RANCOR
1560(U
I BANGOR INTERNATIONAL
AIRPORT
State Maintained,
9qs a 9riLgss within the
Constnetion Area '
7. Proposed High�ay st
within the Lonstroction Area
October 2, 1940
SPACIAL PROVISIONS - CONSTRUCTION A s
TITLE 29, N.R.S.A. N 1703 Noving Heavy Objects over ways and bridges;
jurisdiction; permits limited.
Jurisdiction is vested in the Department of Transportation to grant
emergency parents upon proper application in writing to move objects having
a length or width or height or weight greater then specified in this Title
over any way or bridge maintained by the Department of Transportation. Like
permits may be granted by county conmoissamers, municipal officers, superin-
tendents of streets or Other rcad officials having charge of the repair and
maintenance of any other way or bridge. The fee for such permits shall be not
lees then $3, nor miscre then $15, to be determined, an the basis of weight,
height, length and width, by the Department of Transportation. All vehicles
granted emergency permits under thissection, because object to be moved is
over legal maximum weight, must first be registered or hold a short-term
permit for the msximm legal gross weight allowed with such vehicle.
The department men grant perwits, covering stated periods of time not
exceeding one year and upon proper application in writing, to move under its
own power pneumatic tired equipment, not exceeding the legal weight limit,
over ways end bridges maintained by the department. The fee for such permit.....
shall be based upon a rate of $15 for each 30 -day period covered by the
permit.
Said permits shell be issued to cover the emergency or purpose stated
In the application and shall be limited as to the particular objects to be
moved and the particular ways and bridges which may be used, but permits for
stated periods of time hey be issued for longs and suitable equipment employed -
upon public highway construction projects, United States Oovexnmant projects
or private construction of private ways, when such loads or equipment are
operated within construction areae established by the department.
Permits must be procured from the municipal officers of aqv town or city,
In case the construction area encompasses said town or city, said permits to
further provide that the contractor be responsible for danage to any mads which
may be used in said construction areas and may provide for withholding by the
agency contracting for the work of final payment under any, contract, or may
provide fOr the furuiehing of a bond by the contractor to guarantee suitable
repair or pgvmmrt of damages, the suitability of repairs or the amount of
domege to be determined by the Department of Transportation on state main-
tained ways and bridges, otherwise by the municipal Officers.
Said permits may be granted by the Department of Transportation or by the
state OwSiwasT rn charge of the construction contract and no further approval
by the Department of Transportation shall be deemed necessary.
The permit for construction areae eball carry no fee and anneal not come
within the scope of the first paragraph of this section.
Iof 2
[Title 29; 10/2/7e 7
Spec. Prov. - Constr. Area
Title 29, M.A.S.A. 0 1903, Moving Heavy Objects, etc. (cont.)
The Department of Transportation, ia respect to state and state aid
highways and bridges withhn city or compact village limlts, and municipal
officers in respect to all other ways and bridges within such city and
compact village limits and the county commissioners in respect to county
roads and bridges located in unorganised territory in said county, may grant
permits to operate vehicles having a gross weight exceeding the limit Of
groes weight prescribed in this Title, and all such permits may contain
aqy, special conditions or provisions which in the opinion of the grantors
are necessary.
Escort vehicles required by permits issued in accordance with this
section shall be equipped with warning lights and signs as required by the
Department of Transportation. Only in the performance of the escort vehicle
requirements of such a permit shall such warning lights be operated Or the
lettering an whole signs be visible on a public way.
Permits shall not be granted unless the applicant provides reasonable
assurance that all property taxea applicable to the mobile home, including
those for the current tax year, have been paid or that the mobile home i
exempt from sash taxes.
TITLE 29 M.A S.A. 1611 Violations; bonds for permits
Idanever as owner, driver, operator oxarty r of engine, teem, vehicle
de ehutrivence mentioned in sections 902, 1702e 1903, 1953 and 1954 violates
why provision of said sections or the regulations made or permits granted
under authority thereof s]ball. be liable to a fine of not lees than $10 nor
weare than $500, for each Offense, except that in the case of vehicles ex eeding
weight limits on bridges posted by the Department of Transportation or On
bridges posted by others for weight limits approved by the Commissioner of
Transportation, a fine Of $40 for each full 1,000 pounds of such access shall
be paid, provided that said fine Odell not exceed $1,000. He shell be
responsible for all damage which said way or bridge may sustain as a result
thereof, mrd the amount may, be recovered in a civil action brought by the
mmicipallty o other corperation,when any way Or bridge is injured which
Is under the care
of said mmicipality or ether corporation; by the county
commissioners in behalf of any unincorporated township injured and by the
State M® arty state or state aid way or bridge is injured; and ahall be used
for the repair of the ways and bridges we injured. Highway officials in
granting permits under sections 902, M2, 19039 1953 and 1754 may require
from Owners or operators a bond eatisfactoay to them rasning to the State or
the municipal or other corporation affected, conditioned to r imburae it for
any, expenses necessarily incurred in repairing; all damage caused to the way
r bridge by the use thereon of each vehicle, load, contrivance or other
object. -
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